News & Analysis as of

Bilateral Investment Treaties

Developments in International Investment Law Herald Enhanced CSR Obligations for Investors

The protection of a company’s investments abroad could soon be linked to that company’s compliance with its CSR obligations. This is what the new Dutch draft model bilateral investment treaty (BIT) heralds. If other countries...more

EU Top Court Rules EU Investment Arbitration Tribunals Are Incompatible with EU Law: Implications for Investors

In Slovak Republic v. Achmea B.V. (Achmea), the European Court of Justice (ECJ) ruled that the existence of an independent arbitral tribunal established under a bilateral investment treaty (BIT) between EU Member States is...more

The Organisation of Islamic Cooperation Agreement on Promotion Protection and Guarantee of Investments among Member States

by Hogan Lovells on

As the Organisation of Islamic Cooperation ("OIC") Agreement on promotion, protection and guarantee of investments among Member States ("OIC Agreement") reaches its 30 years anniversary since its entry into force in 1988, we...more

Brussels Regulatory Brief: April 2018

by K&L Gates LLP on

Antitrust and Competition - Substantial Assets Divestiture Needed to Secure Clearance for the Creation of a Company That Will Control More Than a Quarter of the World’s Seed and Pesticides Market - On 21 March 2018, the...more

Energy Newsletter - April 2018

by King & Spalding on

FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes - On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower...more

European Court of Justice Rules that Arbitration Agreement in Intra-EU Bilateral Investment Treaty Violates EU law Calling Into...

by King & Spalding on

In a ruling that has sent shockwaves across Europe, the European Union’s (EU) highest court, the European Court of Justice (ECJ), has struck down an arbitration agreement contained within a bilateral investment treaty (BIT)...more

Expect Focus - International - March 2018

by Carlton Fields on

Trends Against BITS and Investor State Dispute Resolution - In my first Expect Focus International article (http://bit.ly/2G9Demu), I suggested that investors doing business outside the United States should do so in...more

Energy and Finance Sectors Drive Growing International Arbitration Caseloads

by McGuireWoods LLP on

Energy and Finance Sectors Drive Growing International Arbitration Caseloads - International arbitration case filings are surging and show no signs of letting up, according to recent reports from the world’s leading...more

Trends Against BITS and Investor State Dispute Resolution

by Carlton Fields on

In my first Expect Focus International article, I suggested that investors doing business outside the United States should do so in countries that have entered into bilateral investment treaties (BITs) with the United States....more

U.S. Investors Face Possible Loss of Investment Treaty Arbitration Under NAFTA - A Look at the Potential Risks for Foreign...

by Holland & Knight LLP on

• The survival of investment treaty arbitration under the North American Free Trade Agreement (NAFTA) renegotiation process is at a critical point. • An agreement in principle, which could be announced soon, potentially...more

Restructuring Recommended after CJEU Decision on Intra-EU Bilateral Investment Treaties

by Jones Day on

The Ruling: On March 6, 2018, the Court of Justice of the European Union ("CJEU") issued a judgment in the Achmea v. Slovakia case on whether the investor–state arbitration provision in the Netherlands–Slovakia Bilateral...more

US Tax Reform Implications from a Chinese Perspective

by McDermott Will & Emery on

The recent US tax reform act carries potential ramifications for bilateral investment between the United States and China. We take a closer look at how tax reform might affect US multinationals operating in China, Chinese...more

European Court of Justice Rules on Intra-EU Bilateral Investment Treaty

by Latham & Watkins LLP on

CJEU ruling on the incompatibility of a BIT provision with EU law may have implications for existing intra-EU BITs. Key Points: ..The CJEU’s decision differs from Advocate-General Melchior Wathelet’s 2017 Opinion and...more

The European Court of Justice Changes the Rules of Investment Treaty Arbitration Game in Europe

by K&L Gates LLP on

6 March 2018, the Court of Justice of the European Union (the “CJEU”) rendered a judgment in the case of the Slovak Republic v Achmea B.V., C-284/16 (the “Achmeajudgment”). The CJEU declared that "Articles 267 and 344 TFEU...more

Investment Arbitration in Latin America: Elections, Trade Agreements, and the ICSID

by Jones Day on

In November 2017, S&P Global Ratings declared Venezuela in default after it failed to make a $200 million coupon payment on its sovereign bonds. Many saw this coming. Since 2014, the country has been mired in a recession that...more

The Court of Justice of the European Union finds the arbitration provision in The Netherlands-Slovakia BIT incompatible with EU...

by Allen & Overy LLP on

On 6 March 2018, the Court of Justice of the European Union (the Court) delivered its judgment in Case C-284/16, Slovakia Republic v Achmea B.V., declaring that the investor-State arbitration provision in the bilateral...more

Africa Focus: Spring 2018: "Belt and Road" in Africa

by White & Case LLP on

Chinese engagement, investment and trade with Africa. China has a very long association with Africa. Historical records in China, confirmed by archaeological traces in East Africa, show that Admiral Zheng visited Africa...more

The Gulf Crisis—Could it Bring State-to-State Arbitration to the Region?

by Bennett Jones LLP on

In June 2017, Saudi Arabia, the United Arab Emirates (UAE), Bahrain and Egypt cut diplomatic, trade and travel ties with Qatar and imposed a blockade on the Gulf state, accusing it of supporting terrorism and developing a...more

Mexico Signs ICSID Convention

On January 11, 2018, Mexico became the 162nd country to sign the 1965 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention or the Convention)....more

Consecuencias para México Tras Suscribir el Convenio del CIADI

by Holland & Knight LLP on

Desde hace más de dos décadas, México ha impulsado políticas para fomentar el ingreso y participación de la inversión extranjera en las actividades económicas del país. Sin embargo, y a pesar de ser uno de los 10 países más...more

Consequences for Mexico After Subscribing to the ICSID Convention

by Holland & Knight LLP on

For more than two decades, Mexico has promoted policies to encourage the entry and participation of foreign investment in the country's economic activities. However, despite being one of the 10 most active countries in...more

4 International Arbitration Cases To Watch In 2018

Charles Adams, the leader of Orrick’s International Arbitration & Dispute resolution team, recently spoke with Law360 regarding international arbitration cases to watch in 2018. Charles gave his thoughts on the continuation...more

Foreign Investments Made before 9 January 2013 Will Soon No Longer Benefit from the Protection Standards Afforded by the...

by K&L Gates LLP on

The bilateral treaty between the Republic of Poland and the Republic of Italy on the promotion and protection of investments signed in Warsaw on 10 May 1989 (the “Polish-Italian BIT”) expired on 9 January 2013. However,...more

With Mugabe's Departure, Should Foreign Investors Reconsider Zimbabwe?

by Jones Day on

The Situation: In November 2017, Robert Mugabe, the only leader Zimbabwe had known in 37 years, was ousted from power. The Development: Will this change in leadership usher in a new era of good governance and economic...more

International News: Brexit & the US Administration

by McDermott Will & Emery on

Cross Border M&A: The Impact of Brexit, the Trump Administration, and China’s Crackdown on Capital Flight The combination of Brexit, the Trump Administration, and China’s tightening grasp on capital, appear to have created...more

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